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Sister bought a 6 month old car and later found out it was damaged

  • 17-02-2020 9:46am
    #1
    Registered Users Posts: 573 ✭✭✭ batman1


    My sister bought a 191 SUV from a large dealership in the NW back in October. Lovely car with only 8k on it, one owner etc. I was with her during the test drives and purchase and I specifically asked the reason for sale, any damage done etc and was told no, car is like new etc.

    Fast forward to just before Christmas and she had the car fully valeted. The valet guy showed her where damage had been repaired and that some of the clear coat and paint was starting to peel, a tiny crack in a rear light and marks around the badges on the boot.
    You wouldn't notice this from looking but close up it can be seen, albeit by a trained eye.
    It was due a service in Jan so I brought it in (to a different garage but same dealer, due to geographics) and showed the damage. I was told that 'John' would contact her about it . No contact was made so she rang to speak to John and he told her he would figure out a way forward and call her back. She never heard from him.

    Has anyone had any experience of this? Where does she stand because the garage knew of the damage and didn't tell her and after paying over 35k for the car she now faces losing money on selling due to this damage.
    To make it worse, she now knows the damage is there and so it has taken the pleasure out of it.


Comments

  • Closed Accounts Posts: 3,293 ✭✭✭ TheBoyConor


    Unless you are selling it what difference does it make if the residual imperfections are not really noticeable unless you have your eyeball on the paint.

    You are in the North West, car will be covered in shíte most of the time anyway driving on those roads.

    You could try nail the garage for a few quid of money back for denying that there was damage when you asked and accuse them of miss selling and underhand tactics. Perhaps by causing a loud scene in the showroom when there are other buying customers around might focus their minds and make them more inclined to appease you.


  • Registered Users Posts: 5,575 ✭✭✭ ZiabR


    Unless you are selling it what difference does it make if the residual imperfections are not really noticeable unless you have your eyeball on the paint.

    You are in the North West, car will be covered in shíte most of the time anyway driving on those roads.

    That ins't the point though is it... The buyer asked the garage if the car had any damage or if it was crashed and the garage said no, the car is like new. They buyer was lied to from the outset. It is a 191 SUV so its likely to have cost alot of money, even second hand. If it were me, I would be fuming and would be driving back to the garage. Forget phone calls or emails, go back to the dealer directly.

    Garage are not engaging with the buyer because they know they have been caught.


  • Registered Users Posts: 23,458 ✭✭✭✭ lawred2


    Unless you are selling it what difference does it make if the residual imperfections are not really noticeable unless you have your eyeball on the paint.

    You are in the North West, car will be covered in shíte most of the time anyway driving on those roads.

    You could try nail the garage for a few quid of money back for denying that there was damage when you asked and accuse them of miss selling and underhand tactics. Perhaps by causing a loud scene in the showroom when there are other buying customers around might focus their minds and make them more inclined to appease you.

    ?


  • Closed Accounts Posts: 3,293 ✭✭✭ TheBoyConor


    That is why I said that a confrontation is needed in the garage in order to get some partial refund off of them to cover the loss of value the damage results in. They are not enganging by phone and emails and that is why they need to go in and air their grievance in person, preferably in front of other customers so that the garage will be under more pressure to appease them in order to avoid looking like shnakey crooks in full view of their other potential customers. I'd have no meas on any of these dealers or garages - all snakes and they'd do the same to you if they thought it would get them something.


  • Closed Accounts Posts: 43 ✭✭✭ Xwebstar2


    Nothing in writing from the garage as usual in these cases so no recourse

    An independent inspection would have flagged the issue prior to purchase


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  • Closed Accounts Posts: 3,293 ✭✭✭ TheBoyConor


    All the same, they have nothing to lose by marching in there and demanding answers and some money refunded.


  • Registered Users Posts: 1,831 ✭✭✭ Macker1


    Xwebstar2 wrote:
    An independent inspection would have flagged the issue prior to purchase


    On a 191 motor..... You have to be joking.


  • Closed Accounts Posts: 43 ✭✭✭ Xwebstar2


    Macker1 wrote: »
    On a 191 motor..... You have to be joking.

    Used car nonetheless

    Buyer beware


  • Registered Users Posts: 3,205 ✭✭✭ Hoboo


    Xwebstar2 wrote: »
    Used car nonetheless

    Buyer beware

    I'd be standing outside the garage every Saturday making future buyers aware.


  • Closed Accounts Posts: 3,293 ✭✭✭ TheBoyConor


    Not buyer beware when it is bought from a car sales business.
    If asked about damage, they have to declare it truthfully, or else they are miss selling.


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  • Registered Users Posts: 38,249 ✭✭✭✭ Guy:Incognito


    Macker1 wrote: »
    On a 191 motor..... You have to be joking.

    Is a car less likely to be crashed (or crashed into) in the first year than say, the 7th?

    It's more likely to have damage the older it gets by virtue of it being on the road longer but nothing is protecting a new car anymore from a crash than an older one.


  • Registered Users Posts: 3,205 ✭✭✭ Hoboo


    Not buyer beware when it is bought from a car sales business.
    If asked about damage, they have to declare it truthfully, or else they are miss selling.

    Spot on, only applies to private sales.


  • Registered Users Posts: 23,458 ✭✭✭✭ lawred2


    Buyer beware. Sure. But the buyer was supposedly 'aware' and asked the question. A dealer is expected to be honest.


  • Registered Users Posts: 38,249 ✭✭✭✭ Guy:Incognito


    lawred2 wrote: »
    Buyer beware. Sure. But the buyer was supposedly 'aware' and asked the question. A dealer is expected to be honest.

    Dealer may well have been honest.

    There's nothing to say the owner didn't crash it, fix it and trade it in at the first opportunity, saying nothing to the dealer.

    Not saying it gives them a get out but going straight to the opinion that they were lied to could be unfair.


  • Registered Users Posts: 50,137 ✭✭✭✭ bazz26


    OP, my money would be on the car being an ex rental car - 6 months old with around 8k on the clock just smells ex rental to me. Very common for ex rentals to get cosmetic damage from tourists and the likes not used to driving on this side of the road, etc.

    What can you do about it now, I don't know to be honest. Garage might play dumb so burden of proof would probably fall on you that the repair was done before you bought it back in October. If you do pursue them then it could be a lengthy battle. Maybe approach them about it to see how what they say.


  • Closed Accounts Posts: 3,293 ✭✭✭ TheBoyConor


    I'd go in, explain the situation.

    Refuse any offer to discuss in a private office, have it all out in the public showroom for everyone to hear. Sales staff don't like this and if you mouth off enough in front of customers it will pressurise them into panicking and making a deal in order to shut you up. A few of you should go in and do it together.
    Choose a time when the showroom will be busy for maximum effect, perhaps a Saturday afternoon.

    I remember once when a garage tried to over charge for a partially done repair and my father was livid and he drove the car in and verbally destroyed the service manager in front of his staff and customers for taking advantage of young driver. Came home with a properly repaired car and a refund.


  • Closed Accounts Posts: 43 ✭✭✭ Xwebstar2


    lawred2 wrote: »
    Buyer beware. Sure. But the buyer was supposedly 'aware' and asked the question. A dealer is expected to be honest.

    They are expected to be honest

    But how would you go about proving your case here in a court of law if there's nothing in writing re: damage


  • Registered Users Posts: 23,458 ✭✭✭✭ lawred2


    Xwebstar2 wrote: »
    They are expected to be honest

    But how would you go about proving your case here in a court of law if there's nothing in writing re: damage

    It's up to the judge to adjudicate on that... most judges wouldn't look too kindly on keeping schtumm about such a material fact.


  • Registered Users Posts: 4,070 ✭✭✭ Stallingrad


    If you went to trade that car elsewhere in today that damage would be spotted right away and you would be offered less.

    Therefor it follows that the dealer 99% knew the car was damaged when they had it, and you were misled when they said it was not.

    What would resolve this for you?

    Free service or two
    Some free accessories
    Cash (you may need a solicitor for this one)
    The repair made good. (most likely be the last thing they will want to do)


  • Registered Users Posts: 512 ✭✭✭ sumo12


    Dealer may not have known. Could have been marine / transport damage before it was ever registered. Dealer will be able to check this for you though as all repairs are traceable.


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  • Registered Users Posts: 12,943 ✭✭✭✭ Toyotafanboi


    It's a 191 car. Without even knowing what make or model, it'll have a paintwork warranty of some kind.

    I'd book it in with them for inspection, play dumb. A little bit of lacquer peeling from my recently purchased 191 low mileage approved used car, would you mind taking a look?

    It'll either be repaired under warranty or a suitable repair will be carried out by the dealer at their expense. There's no real situation where they can wash their hands of you IMO so it shouldn't be too tricky to resolve this. Some cosmetic repairs on most used cars wouldnt be too unusual, even one so new. Likely nothing too untoward going on but it still needs to be properly fixed.


  • Registered Users Posts: 4,427 ✭✭✭ Charles Babbage


    Dealer may well have been honest.

    There's nothing to say the owner didn't crash it, fix it and trade it in at the first opportunity, saying nothing to the dealer.

    Not saying it gives them a get out but going straight to the opinion that they were lied to could be unfair.


    So the dealer didn't inspect the car? They should have done, that is why you buy from a dealer, that they have the competence to do this.


  • Closed Accounts Posts: 43 ✭✭✭ Xwebstar2


    It's a 191 car. Without even knowing what make or model, it'll have a paintwork warranty of some kind.

    I'd book it in with them for inspection, play dumb. A little bit of lacquer peeling from my recently purchased 191 low mileage approved used car, would you mind taking a look?

    It'll either be repaired under warranty or a suitable repair will be carried out by the dealer at their expense. There's no real situation where they can wash their hands of you IMO so it shouldn't be too tricky to resolve this. Some cosmetic repairs on most used cars wouldnt be too unusual, even one so new. Likely nothing too untoward going on but it still needs to be properly fixed.

    I like this way of thinking


  • Registered Users Posts: 24,683 ✭✭✭✭ punisher5112


    Why has she left it so long and why didn't you or her bring it to the original dealer you purchased it from.

    Email or ring or go in.

    Get an engineer report especially if you feel the repair was poor.

    I'd be getting the imperfections sorted but they may well turn around and say Yee done it....


  • Registered Users Posts: 2,304 ✭✭✭ seagull


    Go back to the original dealer. Options are
    - Give them back the car and take a full refund.
    - Decide what the damage is worth in terms of a discount, and walk away with that in pocket


  • Registered Users Posts: 97 ✭✭ bmwfan


    Any update on the outcome



  • Registered Users Posts: 6,191 ✭✭✭ Flinty997


    The trade and motor dealers have only themselves to blame for reputation they have. Some of my worst experiences in buying cars (or getting them serviced) has been from main dealers.

    I think getting an independent inspection of a car from a dealer isn't common. But you'd be wise to consider it.



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